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Last Modified:  3/19/2009
Frequently Asked Questions

Employment Standards, Apprenticeship and Training

What is minimum wage?
Effective June 26, 2007, the minimum wage rate was increased to $5.85 per hour.  Effective July 1, 2008, the rate will increase to $6.55 per hour.  Effective July 1, 2009, the minimum wage will increase again to $7.25 per hour. 

What is the overtime requirement?
Time and one-half must be paid for hours worked in excess of 40 hours in a workweek.

May my employer utilize "comp. time" for overtime hours?
Comp. time may not be given to an employee who is subject to the overtime law.

How many hours must I work to be full time?
Kentucky labor laws do not define full-time and part-time employment. Employers are free to define these terms as they choose.

Am I entitled to a rest period, and do I get paid for this time?
You are entitled to a rest period of at least 10 minutes during each four hours you work. The rest period is a paid break.

Am I entitled to a meal period, and do I get paid for this time?
You are entitled to a reasonable period for a meal no sooner than the third nor later than the fifth hour of your work shift unless you and your employer have mutually agreed to some other arrangement. A duty-free meal period does not have to be paid.

Must my employer pay my vacation pay upon termination of employment?
Whether you are paid for unused vacation upon termination of employment depends on the policy or past practice of your employer. Kentucky labor laws do not specifically require that an employer pay an employee for unused vacation upon termination of employment.

May my employer require that I work overtime?
There is nothing that prohibits your employer from requiring you to work overtime.

May my employer require that I work more than eight hours per day?
There is no limitation on the number of hours that your employer can require you to work in a day.

May my employer make deductions from my paycheck for cash shortages, missing items or damaged items?
Deductions may be made for cash shortages so long as your employer has written authorization from you to make the deduction, the deduction does not cause your wages to fall below the applicable minimum wage and the shortage is from a cash register or cash box that is only used by one employee. Your employer may not make a deduction from your wages for lost or stolen property or damage to property.

May my employer change my rate of pay?
Your employer may change your rate of pay so long as you are informed of the change prior to working any hours at the new rate. In other words, the change cannot be retroactive.

May my employer make my position salaried?
Yes, your employer may make your position salaried but this may or may not effect whether you must be paid overtime for hours in excess of 40 in a workweek.

May my employer require direct deposit for every employee?
Your employer can require direct deposit so long as you have the ability to withdraw your entire net pay without having to pay a fee to the financial institution.

Is my employer required to pay holiday pay?
Holiday pay is not required by Kentucky law.

When is my employer required to provide me with my final paycheck?
When you leave employment for any reason your employer has until the next regular payday or 14 days whichever last occurs.

May my employer terminate my employment for any reason?
This is not within the Kentucky Labor Cabinet's jurisdiction. Please refer to the U.S. Department of Labor.

Must my employer notify me of a layoff or termination?
Not under Kentucky law.

What are the limitations for minors under 18?
See our Child Labor Law Page

 

Division of Employment Standards, Apprenticeship and Mediation
Suite 4, 1047 U.S. Highway 127 South
Frankfort KY 40601
Phone: 502-564-3534
Fax: 502-696-1897
E-mail: Division of Employment Standards, Apprenticeship and Mediation